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Redundancy, maternity...

4 replies

Ilikestripes · 29/01/2013 18:55

We have had notice at work that there are going to be redundancies. Things are going to happen quickly.

I'm 28 weeks pregnant and can legally start my maternity next Thursday - and I know that once on maternity I have to be offered an alternative on my return.

Have I missed the boat as it were to be covered by this 'protection' as I'm not yet on mat leave? Could the company refuse to start it next Thurs?

Am I getting totally muddled up?

Will I get my enhanced mat leave pay?!

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Collaborate · 29/01/2013 19:12

As far as I'm aware there's no protection from redundancy just because you're on maternity leave.

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Ilikestripes · 29/01/2013 19:34

They have to offer you a suitable alternative for your return if there is one available, which there is. It's the other thing I'm confused about.

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prh47bridge · 29/01/2013 19:34

Agree with Collaborate. You can be made redundant whilst on maternity leave. The only protection you have in that respect is that they cannot use your pregnancy/maternity leave as a reason to select you for redundancy.

If you are made redundant whilst you are on maternity leave you are entitled to be offered any suitable vacancy even if there are other employees who are more suitable. However, if there are no suitable vacancies they don't have to invent one. Note that what matters is the when you are actually made redundant, not when they give notice that there will be some redundancies.

As you have already passed the qualifying week you are entitled to SMP for the full 39 week period even if you are made redundant. Whether or not you will be entitled to any enhanced pay offered by your employer depends on your contract.

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Ilikestripes · 29/01/2013 19:55

Thanks prh.

There are definitely suitable alternatives - so that's okay.

I'm just worried that they can somehow say because I've not started mat leave yet, and they have told us there are going to be redundancies imminently, that I won't be offered one of the alternatives as I won't yet be on mat leave. Does that make sense?

So I suppose what I'm saying is when are you actually made redundant? How quickly can it happen? I can legally start mat leave next Thurs. Can it be before then?